Although ill-defined, censure is a
process of Congressional reprimand--the political
equivalent of a strongly-worded letter. In 1834, a Whig
Senate "censured" Democratic President Andrew
Jackson in retaliation for his withholding documents. Three
years later, a Democratic Senate "expunged" the
censure from the record. However, that act of censure had no
basis in either the Constitution or the Rules of the
House and Senate. This remains true today. Ordinarily,
Congressional disapproval of the President is relayed
either through its legislative power including the veto override power or through
impeachment.

Presumably, censure of the President would take the form
of a resolution adopted by both the House and Senate and
then publicly announced. Legally, the resolution would have
no effect. Censure derives from the formal
condemnation by either the House or the Senate in rebuke
of a Member of their own body. After a majority vote, the Member
is publicly denounced, but still retains the position of
Representative or Senator. However, the House removes the
offending Member from any leadership positions in
committees or sub-committees.

A resolution censuring the
President is not contemplated by the rules of the
House. This means it has no inherent privilege;
it is not a question of the privileges of the
House, nor is it a matter of personal privilege.
Thus, there is no framework for considering it.

A special rule from the House
Rules Committee would be required for its floor
consideration and to set debate parameters.

A censure resolution could be
drafted, considered, and then reported from the
House Judiciary Committee, or

A censure resolution could be
introduced and taken up immediately under the
auspices of a special rule from the House Rules
Committee, or

A censure resolution could be
introduced by an individual Member, and referred
to the House Judiciary Committee for its
consideration.

In the Senate, a censure
resolution could be introduced and would be
referred to the Senate Judiciary Committee, or

The Senate Judiciary Committee
could draft, consider and report out a censure
resolution to the full Senate; or

A unanimous consent agreement
could be worked out in advance to introduce a
censure resolution by sending it to the desk and
providing for its immediate consideration.

Floor debate and possible
amendment of a censure resolution would most
likely be governed by a unanimous consent
agreement among all Senators.

If there is a single objection to
a unanimous consent agreement, the Majority
Leader could move to proceed to a censure
resolution.

Adoption of a motion to proceed
requires a majority vote, unless it is
filibustered. In that case, a 3/5ths vote (60 or
more) is required to end the filibuster.

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